Combining legal and social history, Bruce Mann explores the relationship between law and society from the mid-seventeenth century to the eve of the Revolution. Analyzing a sample of more than five thousand civil cases from the records of local courts in Connecticut, he shows how once-neighborly modes of disputing yielded to a legal system that treated neighbors and strangers alike. During the colonial period population growth, immigration, economic development, war, and religious revival transformed the nature and context of official and economic relations in Connecticut. Towns lost the insularity and homogeneity that made them the embodiment of community. Debt litigation was transformed from a communal model of disputing in which procedures were based on the individual disagreements to a system of mechanical rules that homogenized law. Pleading grew more technical, and the civil jury faded from predominance to comparative insignificance. Arbitration and church disciplinary proceedings, the usual alternatives to legal process, became more formal and legalistic and, ultimately, less communal. Using a computer-assisted analysis of court records and insights drawn from anthropology and sociology, Mann concludes that changes in the law and its applications were tied to the growing commercialization of the economy. They also can be attributed to the fledgling legal profession's approach to law as an autonomous system rather than as a communal process. These changes marked the advent of a legal system that valued predictability and uniformity of legal relations more than responsiveness to individual communities. Mann shows that by the eve of the Revolution colonial law had become less identified with community and more closely associated with society.
David Rothman gives us a brilliant, finely etched study of medical practice today. Beginning in the mid-1960s, the practice of medicine in the United States underwent a most remarkable--and thoroughly controversial--transformation. The discretion that the profession once enjoyed has been increasingly circumscribed, and now an almost bewildering number of parties and procedures participate in medical decision making. Well into the post-World War II period, decisions at the bedside were the almost exclusive concern of the individual physician, even when they raised fundamental ethical and social issues. It was mainly doctors who wrote and read about the morality of withholding a course of antibiotics and letting pneumonia serve as the old man's best friend, of considering a newborn with grave birth defects a "stillbirth" thus sparing the parents the agony of choice and the burden of care, of experimenting on the institutionalized the retarded to learn more about hepatitis, or of giving one patient and not another access to the iron lung when the machine was in short supply. Moreover, it was usually the individual physician who decided these matters without formal discussions with patients, their families, or even with colleagues, and certainly without drawing the attention of journalists, judges, or professional philosophers. The impact of the invasion of outsiders into medical decision-making, most generally framed, was to make the invisible visible. Outsiders to medicine--that is, lawyers, judges, legislators, and academics--have penetrated its every nook and cranny, in the process giving medicine exceptional prominence on the public agenda and making it the subject of popular discourse. The glare of the spotlight transformed medical decision making, shaping not merely the external conditions under which medicine would be practiced (something that the state, through the regulation of licensure, had always done), but the very substance of medical pract
In 1992, the voters of Colorado passed a ballot initiative amending the state constitution to prevent the state or any local government from adopting any law or policy that protected a person with a homosexual, lesbian, or bisexual orientation from discrimination. This amendment was immediately challenged in the courts as a denial of equal protection of the laws under the United States Constitution. This litigation ultimately led to a landmark decision by the United States Supreme Court invalidating the Colorado ballot initiative. Suzanne Goldberg, an attorney involved in the case from the beginning on behalf of the Lambda Legal Defense and Education Fund, and Lisa Keen, a journalist who covered the initiative campaign and litigation, tell the story of this case, providing an inside view of this complex and important litigation. Starting with the background of the initiative, the authors tell us about the debates over strategy, the court proceedings, and the impact of each stage of the litigation on the parties involved. The authors explore the meaning of legal protection for gay people and the arguments for and against the Colorado initiative. This book is essential reading for anyone interested in the development of civil rights protections for gay people and the evolution of what it means to be gay in contemporary American society and politics. In addition, it is a rich story well told, and will be of interest to the general reader and scholars working on issues of civil rights, majority-minority relations, and the meaning of equal rights in a democratic society. Suzanne Goldberg is an attorney with the Lambda Legal Defense and Education Fund. Lisa Keen is Senior Editor at the Washington Blade newspaper.
Gerald Neuman discusses in historical and contemporary terms the repeated efforts of U.S. insiders to claim the Constitution as their exclusive property and to deny constitutional rights to aliens and immigrants--and even citizens if they are outside the nation's borders. Tracing such efforts from the debates over the Alien and Sedition Acts in 1798 to present-day controversies about illegal aliens and their children, the author argues that no human being subject to the governance of the United States should be a "stranger to the Constitution." Thus, whenever the government asserts its power to impose obligations on individuals, it brings them within the constitutional system and should afford them constitutional rights. In Neuman's view, this mutuality of obligation is the most persuasive approach to extending constitutional rights extraterritorially to all U.S. citizens and to those aliens on whom the United States seeks to impose legal responsibilities. Examining both mutuality and more flexible theories, Neuman defends some constitutional constraints on immigration and deportation policies and argues that the political rights of aliens need not exclude suffrage. Finally, in regard to whether children born in the United States to illegally present alien parents should be U.S. citizens, he concludes that the Constitution's traditional shield against the emergence of a hereditary caste of "illegals" should be vigilantly preserved.
"The scriptural laws dealing with widows, strangers, and orphans are conventionally viewed as rules meant to aid the plight of vulnerable persons in ancient Israelite society. In Injustice Made Legal Harold V. Bennett challenges this perspective, arguing instead that key sanctions found in Deuteronomy were actually drafted by a powerful elite to enhance their own material condition and keep the peasantry down." Building his case on a careful analysis of life in the ancient world and on his understanding of critical law theory, Bennett views Deuteronomic law through the eyes of the needy in Israelite society. His unique approach uncovers the previously neglected link between politico-economic interests and the formulation of law. The result is a new understanding of law in the Hebrew Bible and the ways it worked to support and maintain the dehumanization of widows, strangers, and orphans in the biblical community.
NEW YORK TIMES BESTSELLER • A TODAY SHOW #ReadWithJenna BOOK CLUB PICK • An insightful and compulsively readable novel about a complicated friendship between two women who are at two very different stages in life, from the best-selling author of Maine and Saints for All Occasions. "Once again, Sullivan has shown herself to be one of the wisest and least pretentious chroniclers of modern life."—The Washington Post Elisabeth, an accomplished journalist and new mother, is struggling to adjust to life in a small town after nearly twenty years in New York City. Alone in the house with her infant son all day (and awake with him much of the night), she feels uneasy, adrift. She neglects her work, losing untold hours to her Brooklyn moms' Facebook group, her "influencer" sister's Instagram feed, and text messages with the best friend she never sees anymore. Enter Sam, a senior at the local women's college, whom Elisabeth hires to babysit. Sam is struggling to decide between the path she's always planned on and a romantic entanglement that threatens her ambition. She's worried about student loan debt and what the future holds. In short order, they grow close. But when Sam finds an unlikely kindred spirit in Elisabeth's father-in-law, the true differences between the women's lives become starkly revealed and a betrayal has devastating consequences. A masterful exploration of motherhood, power dynamics, and privilege in its many forms, Friends and Strangers reveals how a single year can shape the course of a life.
World Relief staffers Matthew Soerens and Jenny Yang move beyond the rhetoric to offer a Christian response to immigration. With careful historical understanding and thoughtful policy analysis, they debunk myths about immigration, show the limits of the current immigration system, and offer concrete ways for you to welcome and minister to your immigrant neighbors.
Eric Schluessel explores the late nineteenth-century encounter between Chinese power and a Muslim society through the struggles of ordinary people in the oasis of Turpan. He traces the emergence of new struggles around essential questions of identity, recasting the attempted transformation of Xinjiang as a distinctly Chinese form of colonialism.